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The recoverability of some litigation costs such as court fees, transcript fees, and others are well established, but what about the new costs of modern electronic discovery? Can modern eDiscovery costs like forensic collection or data processing be recovered within the existing framework?
In this white paper, Daniel R. Cohen and Bradley C. Whitecap of ReedSmith LLP, investigate these questions through a review of relevant cost recovery mechanisms and key recent Circuit and District Court decisions applying them to eDiscovery including Race Tires, Country Vintner and CBT Flint Partners.
Anyone who spends ample time working in eDiscovery knows that the topic of “sampling” comes up constantly when referring to collections, early case assessment and review – both human and technology-assisted. Long before modern review tools incorporated sophisticated sampling calculators, attorneys were manually taking samples, perhaps re-reviewing every 10th document. Sampling is name-checked repeatedly in eDiscovery orders and decisions.
According to the Pew Research Center, “74% of online adults use social networking sites,” with more than half using two or more. Social media is also becoming more deeply ingrained within the world of litigation, with social media postings coming up in a majority of divorce cases, and in a significant percentage of personal injury cases, employment cases and others. Sanctions, both monetary and evidentiary, have been awarded for the spoliation of social media evidence.
Because of their novelty, variety, and volume, social media materials present a range of challenges for discovery practitioners, litigators, and courts. In this white paper, Matthew Verga, J.D., Modus Director of eDiscovery Strategy, reviews relevant rules, cases, and articles in a survey of key social media discovery issues.
Spoliation sanctions are the boogeymen of eDiscovery. They can be big (millions of dollars), scary (adverse inferences), and lying in wait in exactly as many places as ESI (everywhere). For as long as ESI has been a part of discovery, sanctions for failure to preserve it have been too, and while practitioners have gotten used to the idea that ESI is central to discovery, the endless march of technological change has continued to present challenges to the fulfillment of preservation duties, for plaintiffs, defendants, and their attorneys alike.
In this white paper, Matthew Verga, J.D., Modus Director of eDiscovery Strategy, reviews recent spoliation case law on triggering events, holds and duties, mobile devices, and social media, as well as the pending amendments to the FRCP.
The recoverability of some litigation costs such as court fees, transcript fees, and others are well established, but what about the new costs of modern electronic discovery? Can modern eDiscovery costs like forensic collection or data processing be recovered within the existing framework?
In this white paper, Matthew Verga JD, Modus Director of eDiscovery Strategy, investigates these questions through a review of relevant cost recovery mechanisms and key recent Circuit and District Court decisions applying them to eDiscovery including Race Tires, Country Vintner and CBT Flint Partners.
Custodian interviews typically represent the first opportunity for the scale, scope, and content of a new case’s potential discovery to be probed, while also playing an important role in the satisfaction of preservation obligations. As such, custodian interviews are a critical early step in the discovery process and a core skill for discovery practitioners to master. This article provides a practical overview of custodian interviews and provides tips for how to make the most of them. To download a copy, please fill out the request form below.
Electronic discovery is expensive and continues to become more so. Document review is, by far, the most expensive component, accounting for about $0.73 of every $1.00 spent. This high cost of document review means the relationship between total cost and ESI volume is a directly proportional one. Consequently, any successful cost reduction effort must focus on reducing the volume to be reviewed. Adopting a data targeting perspective can help facilitate such volume and cost reductions. Approaching electronic discovery from a data targeting perspective means elevating technical and strategic considerations to the same level as legal ones at each step leading up to document review. To learn more about how adopting a data targeting perspective can reduce your electronic discovery costs, please fill out the request form below.
Litigation can be an unpredictable, unavoidable and very expensive event for an organization. A significant portion of that expense is due to the growing cost of electronic discovery. Despite the ever-increasing cost and importance of electronic discovery, many organizations still treat it is an unpredictable event, just like litigation. Electronic discovery, however, need not be thought of as just a discrete event associated with particular litigation. It can instead be thought of as a strategic business process. Unlike isolated events, processes can be proactively managed and optimized. When organizations approach discovery as a strategic business process to be defined, measured, and iteratively improved, they can both reduce discovery costs and extract valuable business intelligence from their discovery activities. To learn more about how your organizations could benefit from approaching discovery as a strategic business process, please fill out the request form below.
As the number and diversity of information technology tools and systems proliferates, the territory that must be scoured for the collection of potentially-relevant electronically stored information grows larger and larger. Without a map to that territory, executing complete, timely collections can become a significant challenge. An ESI Data Map is a comprehensive, defensible inventory of all those IT systems that is designed specifically to facilitate collection efforts for investigation and litigation. To get a thorough introduction to ESI Data Maps, how to create them, and how to maintain them, please fill out the request form below.
